Alphatec Prevails in Long-Running Dispute With Rival NuVasive

A NuVasive Inc. executive’s failure to disclose a $500,000 investment at a rival spinal surgery device maker is “problematic” but doesn’t amount to bad faith or a breach of fiduciary duty, according to a Delaware Chancery Court ruling on Friday.

The opinion from Vice Chancellor Sam Glasscock III resolves the lone remaining claim in a long-running dispute between NuVasive and Alphatec Holdings Inc.

“Failure by a fiduciary to disclose even a passive interest in a competitor is problematic, no doubt,” Glasscock wrote. But it’s “not per se a breach of the duty of loyalty, where no conflicted transaction or decision ...